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| No guidelines for appointment of SPP, CM apprised via Grievance Cell | | Law department yet to get a catch!! | | Sumit Sharma
Jammu, July 15: It may sound surprising to all sane minds but it is true that the Department of Law, Justice, Parliamentary Affairs and Human Rights Department, a nodal organization to deal with all the Constitutional and legal business to litigation of Government itself is devoid of norms, guidelines and procedure in respective of appointment of Special Public Prosecutor (SPP).
The Special Public Prosecutor (SPP), who plays a significant role in helping and assisting the judiciary to come at a rightful decision and do the justice but some aggrieved families presently facing legal battle lamented that there is no fixed rule of the Law Department to allow permissions to the aggrieved parties to appoint their own SPP. "The SPPs are often deputed by the 'pick and choose' policy of the concerned department, alleged a kin of an aggrieved family further adding, " they wanted a change in system and thus have communicated to the Chief Minister through his specially maintained 'Grievances Cell.'
The startling revelation were made in this regard when law department admits the fact in reply to a question put up in RTI application by RTI activist Deepak Sharma. In reply to RTI application having number LD/SSL/IAA/RTI/2012, the Law Department admitted the lacunae while refusing to provide the certified copy of the norms, procedures and guidelines for appointment of SPP.
Feeling the gravity of the issue, Raman Sharma, an RTI activist also has lodged complaint in Chief Minister Grievance Cell. "In the complaint vide no 32822, CM has been apprised about the significance of SPP while demanding his intervention, he stated in his complaint.
Time and again the question regarding procedure of appointment of SPP has been erupted, but in every case the questioner was remained at receiving end.
Pertinently in a trial of Manju Gulati, widow of Sanjay Gulati V/s State of Jammu and Kashmir through Secretary to Government, Law Department Civil Secretariat, Srinagar the direction to disclose the policy, guidelines and procedure for the appointment of SPP in criminal cases from High Court was sought, while intimating Law Secretary for appointment of advocate Sunil Sethi after having his consent.
In this particular case, her husband was allegedly murdered by her brother in law and a case under FIR No 57/2010 was registered with Pacca Danga police station. In reply I.G.H Tantray, Secretary to Government Department of Law, Justice and Parliamentary Affairs referring section 492 (1) of the code of Criminal Procedure 1989 said, " the department is often receiving requests for appointment of SPP. SPP is appointed on various grounds and on case to case basis keeping in view the gravity of the heinousness of crime, willingness of the counsel, fallout of the crime on law and order situation of the state, maladies against Public Prosecutor and other relevant factors including proximity or relationship of the Public Prosecutor with the accused and more particularly the complaint against the Public Persecutor or advocate representing the state, if any. The appointment of SPP is, however, made in exceptional cases only and not a as routine" |
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